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Questions about Wage Garnishment Laws

Wage garnishment can have a devastating affect on a person’s paycheck. Dealing with the legal aspects of wage garnishment can be confusing to people who have never had to participate in garnishment. When you need expert legal help, the Employment Lawyers on JustAnswer can assist you by providing answers for any legal questions related to wage garnishment and wage garnishment laws. Take a look at the top five wage garnishment questions that have been answered by the Experts.

How is wage garnishment calculated?

Usually, for ordinary garnishments (i.e., those not for support, bankruptcy, or any state or federal tax) the weekly amount taken cannot exceed 25 percent of the employee’s disposable earnings or the amount in which an employee’s disposable earnings are greater than 30 times the federal minimum wage. The law sets a maximum amount to be garnished in any pay period or workweek, regardless of the number of garnishment orders received by an employer.

How does a person find out if their wages will be garnished?

Your wages cannot be garnished until there is a judgment. In order for a creditor to obtain a judgment, they must serve you with a summons and complaint. This will notify you that there is a pending judgment against you and will allow you time to prepare and defend your rights. You will also be notified when a judgment has been passed. If a creditor obtains a judgment against you, they will then be allowed to garnish your wages.

Can a company withhold an entire paycheck of an independent contractor as garnishment for repayment of a loan?

Because you are an independent contractor, this would be a matter of what’s specified in the contract. This would be more of a withholding of pay issue and not really a wage garnishment issue. If there is nothing written in your contract that provides for this type of withholding, then the company could be in breach of contract. You could then file a suit for breach of contract. The company would have to prove the terms of the loans and if there is nothing in writing, they would be unable to collect.

Can a wage garnishment be stopped after it has started and if yes, then how?

It is a very difficult but possible to stop a wage garnishment once the creditor has received a writ of garnishment from the court. Your employer has no choice but to allow the garnishment once the writ of garnishment has been issued. However, you could go to the court that ordered the garnishment and file a “claim of exception”. In order to gain a claim of exception, you will need to show that the garnishment hinders you from meeting your daily needs. Another option would be to file for bankruptcy to free you from the creditor obligation. However, bankruptcy would be a last resort option to resolve your financial predicament.

What can a person do if they have overpaid on a wage garnishment and have not been reimbursed?

If you have overpaid on a garnishment, you would need to send a written letter to your employer demanding the money to be returned to you. If your money isn’t refunded, you can contact the US Labor Dept/Wage Div. You can make your report over the phone and request an investigation. You should also notify your employer that you will file the complaint to receive your money.

Regardless of the situation, if you are having issues with wage garnishment and need experienced assistance in wage garnishment law, you can take your questions to Employment Lawyers on JustAnswer. The Experts can answer any wage garnishment question in an efficient and knowledgeable manner.

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I have maybe 1 or 2 judgements so far and I anticipate more because I have 3 defaulted private student loans. I'm currently on LTD, but if in the future , I'm off disability and back to the workforce, how can I protect my income? If I increase my 401k contribution to a point where I only have the minimal disposable income allowed by Ohio, would that prevent creditors from garnishing my wages?

Can the state of Colorado issue a wage garnishment for back owed taxes if I am not living in Colorado?JA: Has anything been filed or reported?Customer: This is a tax issue, I don't belive anything has been filed with the court.JA: Since laws vary from place to place, what state is this in?Customer: I am in Oregon, the taxes are from Colorado.JA: Anything else you want the lawyer to know before I connect you?Customer: No

I have a small business. I have been diagnosed with acute pancreatitis & while I lay in a medically induced coma, the hospital helped my husband file for disability. I received disability & finally must admit that I have no further interest in trying to run my Company.I want to close my business but I owe the irs $ 50,000 in unpaid payroll taxes.Would I be able to retire & would I be able to keep my disability?

I am employee who has resigned from my company in Florida and my last day is 7/22. Back in March I was given an advancement to attend a conference which I can not attend now.I agree that I owe the company a debt, and I'm trying to work out a payment plan with them that is reasonable and will not leave me without money until I start my new job.They want to take out money of my last 2 paychecks for the amount of $1,726.00. That is over what I make and it would leave me without money to pay my bills on time or eat, etc.I want to know what my rights are as to legally what they can do to me. I have asked them several times in writing to work with me and why I can't afford to pay it back before I leave the company.

I lost a Worker's comp suit and am awaiting judgment, the judgment will be dramatically more than I am able to pay. I understand. I have closed down my sole proprietor and borrowed money from my Mother to pay the legal bills. My mom has started an LLC to operate her cleaning business and I will incorporate my landscaping activities into this business but will not own any of the business. I will be an employee of hers now until I can settle the judgment and repay her for the loans she has given me. I am looking at the garnishment laws and it seems they can take all income greater than about $825 per month. My question is, can I be paid a low wage by this new company to avoid the garnishment? My wife has a very good job so I don't need the money. Is there anything against the law to be purposely underpaid to avoid wage garnishment?

I need an attorney that can help with a wage garnishment. I have all the necessary information needed to proceed with the garnishment but cannot find an attorney to hire in southwest Arizona to do the job.Any information you could provide would be extremely helpful.I am a senior citizen and have exhausted all leads to no avail.Please HELP!

What is the obligation of a bank or employer based in one state to honor private debt related court orders for asset attachment or wage garnishment from a court in another state? Let's say the ordering court is in VA and the bank or employer is in NC.

We you interview an employee, I understand there are certain questions you cannot ask. From the list below, can you tell me what I cannot ask:1. Do you have any preexisting medical conditions that would limit you from performing any type of work2. Have you ever had a felony3. Have you ever been in prison4. Have you ever filed for bankruptcy5. How old are you6. Do you have any unpaid judgments against you that are subject to wage garnishmentAnything else I cannot ask?

Thank you for your prior answer. My only objective is to be able to use my own tools and equipment in the business so that I can take advantage of the $30,000 trade exemption in the event I was to lose the bogus workers comp hearing. If the Colorado LLC is my employer can I use these tools and equipment in the Colorado LLC to work for the Colorado LLC as a regular W2 employee? If so, how much can I be paid per week before any additional pay could be garnished from a judgment? Also, is there anything illegal about being paid less than I am worth?

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